QB-2022-001397 - [2025] EWHC 2193 (KB)
Fecha: 22-Ago-2025
Mr Clarke’s application for special measures
Mr Clarke’s application for special measures
On 10 March 2025 (day 4), the Claimant filed an application for three of his witnesses (Andrew Loveday, Joshua Myers and Nabil Elouahabi) to be permitted to give evidence by way of a video link from within the United Kingdom; and for two of his witnesses to be permitted to give evidence by way of a video link whilst located in California, USA. The application was opposed. I determined it on the papers pursuant to CPR 23.8(1)(b) and granted the application for the reasons given in my order dated 12 March 2025.
On the evening of Friday 14 March 2025 (day 8), the Claimant made an application for anonymity and a reporting restriction in respect of Mr Elouahabi. On the morning of Monday 17 March 2025 (day 9), the Claimant withdrew that application (see para 71 below).
The Claimant had not applied for Philip Dore to give evidence by way of a video link, but on the morning he was due to give evidence in person I was informed that he was not at court but had instead attended TKP’s office with a view to giving evidence remotely. It was regrettable that the application for special measures, in respect of Mr Dore, was effectively presented as a fait accompli. Nevertheless, to avoid disrupting the trial timetable, I granted permission for him to give evidence by video link.
- Heading
- Index
- Post-trial submissions regarding the meaning of the meanings
- Pleadings, meaning trial and listing of the trial
- Disclosure and Inspection
- Exchange of witness statements
- Pre-trial review
- Mr Clarke’s application to strike out the defence
- The Guardian’s application to summons Arnold Oceng
- The Guardian’s application to call ‘Ivy’
- Mr Clarke’s application to re-amend the Amended Reply
- Mr Clarke’s application to rely on his second witness statement
- The Guardian’s application for evidence to be ruled inadmissible
- Mr Clarke’s Transcripts Application
- Mr Clarke’s Redactions Application
- Mr Clarke’s withdrawn applications to serve witness summaries and summonses
- Mr Clarke’s application for special measures
- The Guardian’s application to call ‘Anita’
- Applications on the disclosure of explicit photographs of ‘Ivy’
- The Guardian’s application for Mr Moore to give evidence by video link
- Post-hearing submissions
- Mr Clarke’s live witnesses
- Arnold Oceng
- Hearsay statements from the Claimant’s witnesses
- The Guardian’s live witnesses: truth defence
- The Guardian’s hearsay witnesses: truth defence
- The Guardian’s live witnesses: public interest defence
- Overview
- The initial group of seven
- The Guardian’s team
- The sources for the first article
- Alleged involvement of Adam Deacon
- The Hostility Issue
- The Verification Issue
- The Contamination Issue
- The Reply Issue
- The Deletion Issue
- Conclusions